Lakeside Developments Ltd v Gibbs

Landlord and tenant – Possession. In a landlord and tenant dispute, where the respondent landlord had taken possession of the property and then sold it to a third party, both judges below had been right to hold that the appellant tenant could not succeed in her claim for unjust enrichment without first setting aside the possession order. Accordingly, the Court of Appeal, Civil Division, dismissed the tenant's appeal. It also held, obiter, that even if the possession order had been set aside, it was too late for the County Court to grant the tenant relief against forfeiture.

Category: